AIRFREIGHT LIMITED Vs. ANIL DEVGUN

JUDGEMENT

(1.) M/s. Airfreight Limited (hereinafter described as "the plaintiff") has filed the present suit for recovery of Rs. 8,25,000.00, invoking Order XXXVII of the Code of Civil Procedure.

(2.) Some of the basic facts relevant for purposes of the present order are; that the plaintiff is engaged in the business of foreign freight forwarding and custom house agents and other services, such as travel/tours and courier services. DHL Worldwide Express is one of the divisions exclusively dealing with the courier service. Defendant is an ex-employee of the plaintiff. He had approached the plaintiff to accept him as one of its regular shippers. Defendant became entitled to most competitive rates available in the market. The defendant was required to furnish a bank guarantee for a sum of Rs.1.3 lakhs. He also created a cash deposit of Rs.1.00 lakh with the plaintiff as security. On 15/5/1995 the defendant desired to become a wholesaler of the plaintiff to use net-work of the plaintiff for loading the shipments of other companies. The plaintiff conceded the request of the defendant to become a wholesaler of the plaintiff, keeping in their long association.

(3.) The defendant started availing of the services as a wholesaler in a big way. Considering the volume of services availed of by the defendant, the plaintiff called upon the defendant to reduce the oral agreement into writing. It was executed on 8/1/1996. The defendant, on the pretext of furnishing the bank guarantee of Rs.2.00 lakhs, made the plaintiff to return the existing bank guarantee of Rs.1.3 lakhs. The defendant got the bank guarantee of Rs.1.3 lakhs encashed. It is alleged that the amount claimed was due. A meeting was organized on 3/10/1996, in which all the senior officers of the plaintiff company attended. The defendant admitted his liability to a sum of Rs.8,49,223.00 and agreed to pay in the monthly instalments of Rs.25,000.00. The defendant had given two instalments and the balance amount is stated to be due. Hence the present suit.